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01-17-2012 - Ordinance for AdoptionZone Change No. 11-011607 We - Item 2 (2).pdfCity of West Covina Memorandum Andrew G. Pasmant, City Manager and City Council TO: AGENDA ITEM NO. 2 FROM: Susan Rush Assistant City Clerk DATE: January 17, 2012 SUBJECT: ORDINANCE FOR ADOPTION ZONE CHANGE NO 11-01 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South — Civic Center) RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: ORDINANCE NO - AN ORDINANCE , OF THE _CITY COUNCIL OF THE , CITY OF WEST COVINA; CALIFORNIA, APPROVING ZONE CHANGE NO 11-01' DISCUSSION: This ordinance was introduced at a Special City COuncil meeting on January 10, 2012. The purpose of this ordinance is to change the zone designation from "Public Building" to "Neighborhood Commercial" to facilitate the development of a professional/medical office project within the Civic Center complex. This ordinance will become effective on February 17, 2012, thirty days after its adoption. Margaret Garcia Clerk • Apiiroyed by Sus 'Rush Assistant city Cl rk Attachment: No. 1 - Ordinance No 2— Staff Report dated January 10, 2012 . 11-08) from parking requirements has been submitted for .„ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING. ZONE CHANGE NO 11-01 ZONE CHANGE NO. 11-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT . , - APPLICANT; Eric Chen, Creative Design Associates, Inc LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway : . . - - - :; . - . • and West Garvey Avenue South - Civic Center) WHEREAS, there was filed with this City a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from "Public Building" (P-B) to Neighborhood Commercial" (N-C), on that certain property generally described as follows: Assessor Parcel No. 8474-001-906 in the records of the Los Angeles Co -unty Assessor; WHEREAS, the proposed zone change (No. 11-01) is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment to change the land use designation on the subject property from "Public Facilities" to "Service and Neighborhood Commercial", and WHEREAS, a precise plan (No. 11 702) for the site plan and architecture and a tree removal permit (No. 11-04) to remove significant trees has been submitted for the development of the project; and WHEREAS, a varianae . the development of the project; an WHEREAS, a tentative tract map o. 71595) has been submitted, for the subdivision of the lot to allow 39 office condominiums and Create a parcel; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22 nd day of November, 2011, conduct a duly' noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No 11-5449 recommending denial of the application; am WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed by Peichin Lee, CGM Development, Inc; and WHEREAS, the City Council did, on the 10 th day of January, 2012, conduct a duly . • advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The project consists of a plan to approve the design and allow the construction of a four-story medical office building with 39 condominium units and a surface parking lot with. 2,18 parking spaces on an approximately 2.69-acre development site. In addition, the project includes the expansion of the parking lot on the south . . side of the library to '129 parking Spaces. Ordinance No. Page 2 The project. includes a, General Plan amendment to• change the land use designation from "Public Facilities" to "Service and Neighborhood Commercial." • The project includes a zone change'. to, change the zone from "Public Building" (P-B) to ,"Neighborhood Commercial" (N=C). ' The project includes a precise plan for the architecture and site plan layout for the . . proposed project and a tree removal permit to remove15 trees located in the front , , yard setback.. The proposal requires the approval o requirements. a variance to deviate from parking The applicant is requesting approval Of a tentative tract ma: subdivide the building into medical office condominiums. Findings necessaryfor approval of 'a zone change are as follows: There are changed conditions since the existing zoning became effective to warrant Other or additional Zoning. The prdpoSed 'change of zone ,Will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area A change of zone will be in the interest or furtherance of the public health, safety, and general welfate . . . . The approval of such a change of zone will not adversely affect the comprehensive General Plan 'SO adopted by the City. , The approval of Stich'a zdne Change is consistent with the General Plan or 'applicable specific plans.-.. Pursuant to• the requirements of the California Environmental Quality Act (CEQA) of 1976, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been Prepared indicating that 'although the . project could have a significant effect on the environment, there will not be a significant effect 4.de to Mitigating MeasUres. WHEREAS, based on theevidence, both oral and documentary, the City Council finds as follows: a. The proposed zone cliange will facilitate the development of a medical office project within the Civic Center complek. - Since the last General Plan update in _ 1985, the City envisioned_ preserving the Civic ,Center for Public Facilities or governmental-related Office , Uses.. In the - past years, the City has worked with other' developers to consider the development Of the northwestern portion of the Civic 'Center owned by the City of West Covina near the corner of West Covina Parkway - and Garvey Avenue, In 'Order for the proposed development to be consistent With the General flan .atia Zoning, 'a General Plan, Amendment as well as a Zone Change' is necessary to facilitate the development The proposed zone change,will not adversely affect adjoining property value and will not be detrimental, to the area because the property is within the Civic Center Complex and nearby Commercial and Office uses. The proposed medical office building has been designed, to meet the development standards set forth in the West Covina Municipal Code, except for parking requirements for which a variance is being sought The' proposed zone ch.ange is compatible With the 'surrounding area in that the subject property is located in an area with other office uses and commercial retail service oriented developments. The subject use is separated from residential uses to the north by the I-10 Sari Bernardino Freeway. In addition, the City has shown interest in further developing the Civic Center with other non-governmental office „ „ uses. As such, the proposed change of zone Will be in the interest or furtherance of the public health, safety, and general welfare. , d. . The proposed zone change requires a General Plan amendment. The General Plan includes nine elements (or chapters). California State law requires seven elements (Land Use, Housing, Open Space, Conservation, Safety, Circulation and Noise). Two elements of the General Plan have been modified since 1985, a Design Element was adopted in 1991, and the Housing Element was revised in 1995. The Land Use Element: deals with the establishment of a pattern of land use and standards for the density and intensity of develOpinent. Land use designations are established in the General Plan and implemented by the Zoning Code and the Zoning Map. With the approval of a General ,Plan amendment, the proposed zone change will be consistent and will not adversely affect the General Plan. e. The approval of such a zone change is consistent with the proposed General Plan land use designation of "Service and Neighborhood Commercial." That the proposed land use 'designation allows for medical office general professional office and service retail developments. The proposed zone change from "Public Facilities" to "Neighborhood Commercial" would facilitate the development of the medical office. There are no specific plans that affect the property. NOW, THEREFORE, the City Council of the City of West Covina, California, does resolve as follows: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No 11-01 is hereby found to be consistent with the City's General Plan and the land uses permitted within said Zone classification. SECTION NO 2: The City Clerk shall certify to the passage of this Resolution. APPROVED AND ADOPTED on this day of i. ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 10 th day of January 2012. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17 th day of January, 2012, by the following Vote: City Attorney Arnold Alvarez-blaSrnan AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA. I, Laurie Cameo, City Clerk of the City Of West Covina, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 10 th day of January 2011. Indicates the area proposed to be rezoned from "Public Building" (P-B) to "Neighborhood Commercial" (N-C) Memorandum AGENDA City Manager and City Council FROM: Jeff Anderson ITEM NO. 2 Planning Director DATE: January 10, 2012 SUBJECT: GENERAL PLAN AMENDMENT NO. 11-01 ZONE CHANGE NO. 11-01 APPEAL OF PRECISE PLAN NO. 11-02 APPEAL OF TREE REMOVAL PERMIT NO. 11-04 APPEAL OF VARIANCE NO. 11-08 APPEAL OF TENTATIVE TRACT MAP NO. 71595 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South — Civic Center) APPELLANT: Peichin Lee (CGM Development, Inc.) RECOMMENDATION: Staff recommends that the City Council adopt the following resolutions: 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 11-01, ZONE CHANGE NO. 11-01, PRECISE PLAN NO. 11-02, TREE REMOVAL PERMIT NO. 11-04, VARIANCE NO. 11-08, AND TENTATIVE TRACT MAP NO. 71595, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 11-01 3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 11-02 AND TREE REMOVAL PERMIT NO. 11-04 4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 11-08 5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP NO. 71595 Staff further recommends that the City Council introduce the following ordinance: 6) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 11-01 DISCUSSION: On November 22, 2011, the Planning Commission voted 2-1 to deny the proposal to construct a 55,674-square foot, four-story professional/medical office building project located at 1607 West Covina Parkway. On December 1, 2011, the applicant filed an appeal of the Planning Commission action to the City Council. The public hearing was continued from the December 20, 2011 Council meeting. ZACase Files\PP\2011 \11-02 CvcCtr.1607 WC Pkvvy\CC 1.10.12\Council Staff Report.doc TO: GPA 11-01, ZC 11-01, PP 11-02, Tree Removal No. 11-04 Variance No. 11-08, TTM 71595 1607 West Covina Parkway January 10, 2012, page 3 Parking: The applicant is requesting to deviate from the required number of parking spaces to accommodate the proposed 55,680-square foot medical office building. The project as designed would require a total of 261 parking spaces and 218 parking spaces are proposed. As such, the applicant is requesting a parking variance. A parking survey was conducted (July 18 —28, 2011) to determine the parking demand at the City Hall surface parking lot and top deck of the parking structure. The surface parking lot has a total of 308 parking spaces while the top deck has a total of 316 parking spaces. The survey indicated that the peak hour for parking is noon. At such time, the overall demand is 79 percent, indicating that there was excess parking at the peak hour. The project has the potential of increasing the demand of the surface parking lot of City Hall due to the proximity to the proposed project but it appears that adequate parking is available at the City Hall parking lots on most days. The parking lot north of the library currently provides 100 parking spaces while the parking lot south of the library provides 42 parking spaces (142 total). The 100 parking spaces north of the parking lot would be removed to be replaced by the 218 parking spaces for the office building. As part of this development, the applicant would remove the 42 parking spaces south of the library and construct a new parking lot with 129 parking spaces. The specifics of the construction of the parking lot would be under the County's jurisdiction. Landscape Revisions: The development of the professional/medical office building will require the removal of the vegetation and grading of the site north of the library. This area currently includes large raised berms, (approximately 30 feet in height) that are densely planted with various sized trees, shrubs and ground cover. Plans submitted by the applicant indicate that a total of 114 trees will be removed and 13 trees around the perimeter of the proposed development will be retained. In addition, the applicant has indicated that a total of 19 trees would be removed in the area south of the library along with the existing raised planter boxes and lawn area to accommodate the new surface parking lot for library staff and patrons. A total of 133 trees will be removed for the new building and expanded parking lots. The applicant has included a revised conceptual landscape plan in their submittal that indicates a total of 150 trees will be planted in the two areas. The plans indicate that 118 trees will be planted in the area north of the library and 32 trees will be planted in the County-owned area south of the parking lot. (It should be noted that the construction of the parking lot and installation of trees in this area will be under the County's jurisdiction, not the City's.) The conceptual landscape plans indicate that of the 118 trees planted in the area north of the library, 30 would be 36-inch box trees and the remainder of the trees would be 24-inch box trees. The applicant has also indicated that they are proposing to plant (or provide for) 50 additional trees to be planted at City parks or other City properties. Mitigated Negative Declaration Revisions: An Initial Study was prepared and noticed for this project pursuant to the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration of Environmental Impact Report (MND) was prepared. Following the end of the comment period for the environmental review the applicant raised concerns regarding mitigation measures for Biological Resources, Transportation and Traffic, and Mandatory Findings of Significance. Based on consultation with the environmental consultant, substitute mitigation measures have been included in the MND and as part of the Negative Declaration of Environmental Impact Resolution. Attachment 1 provides more detailed information on the proposed substitute mitigation measures. These substitute mitigation measures are included in the Negative Declaration Resolution. ZACase Files\PP \2011 \11-02 CvcCtr.1607 WC Pkwy\CC 1.10.12\Council Staff Report.doc Planning Commission Resolution No. Planning Commission Resolution No, Planning Commission Resolution No. Planning Commission Resolution No. Letters in Support . Letters in Opposition Appeal Letter from Applicant 11-5449, denying Zone Change No. 11-01 11-5450, denying Precise Plan No. 11-02 11-5451, denying Variance No. 11-08 11-5452, denying Tentative Tract Map No. 71595 GPA 11-01, ZC 11-01, PP 11-02, Tree Removal No. 11-04 Variance No. 11-08, TTM 71595 1607 West Covina Parkway January 10, 2012, page 4 PLANNING COMMISSION REVIEW AND ACTION: The Planning Commission held a public hearing regarding this matter on November 22, 2011. At the conclusion of the hearing, the Commission voted 2-1-1 (Commissioners Redholtz and Stewart voting "yes", and Commissioner Sotelo voting "no", and Commissioner Holtz abstaining) to deny the precise plan, tentative tract map and variance as well as to recommend denial of the general plan amendment, and zone change to the City Council. In denying the project, the Commissioners cited concerns with the proposed parking variance and overflow parking issues that could create problems for City Hall and the library, concern that the development was not consistent with the original intent of the Civic Center, and concerns that the uniqueness of the site would be lost forever. Commissioner Sotelo was prepared to vote in favor of the project because the proposal would generate jobs, generate revenue for the City and the trees removed would be replaced. FISCAL IMPACT: The sale of the parcel will provide $700,000 in proceeds to the City. There may be some sales tax generation to the City depending on the type of businesses that occupy the building. Also, the project will generate approximately $183,000 in annual property tax increment. Prepared by: Fabiola Wong Senior Planner Revieyfed7Apforoved by: Jeff Anderson, AICP Planning Director Attachments: Attachment 1 — Mitigated Negative Declaration Revisions Attachment 2 - Draft Negative Declaration of Environmental Impact Resolution Attachment 3 - Draft General Plan Amendment Resolution for Approval Attachment 4 — Draft Zone Change Ordinance for Approval Attachment 5 — Draft Precise Plan Resolution for Approval Attachment 6 — Draft Variance Resolution for Approval Attachment 7 — Draft Tentative Tract Map Resolution for Approval Attachment 8 - Draft General Plan Amendment Resolution for Denial Attachment 9 — Draft Zone Change Resolution for Denial Attachment 10— Draft Precise Plan Resolution for Denial Attachment 11 —Draft Variance Resolution for Denial Attachment 12 —Draft Tentative Tract Map Resolution for Denial Attachment 13 - Planning Commission Minutes, dated November 22, 2011 Attachment 14 - Planning Commission Staff Report, dated November 22, 2011 Attachment 15— Planning Commission Resolution No. 11-5448, denying General Plan Amendment No. 11-01 Attachment 16 — Attachment 17 — Attachment 18 - Attachment 19 - Attachment 20 — Attachment 21 — Attachment 22 — ZACase Files\PP \2011 \ 11-02 CvcCtr.1607 WC Pkwy\CC 1.10.12 \Council Staff Report.doc ATTACHMENT 4' ORDINANCE NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 11-01 ZONE CHANGE NO. 11-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Eric Chen, Creative Design Associates, Inc LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South - Civic Center) WHEREAS, there was filed with this City a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Public Building" (P-B) to "Neighborhood Commercial" (N-C), on that certain property generally described as follows: Assessor Parcel No. 8474-001-906, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change (No. 11-01) is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment to change the land use designation on the subject property from "Public Facilities" to "Service and Neighborhood Commercial"; and WHEREAS, a precise plan (No. 11-02) for the site plan and architecture and a tree removal permit (No. 11-04) to remove significant trees has been submitted for the development of the project; and WHEREAS, a variance (No. 11-08) from parking requirements has been submitted for the development of the project; and WHEREAS, a tentative tract map (No. 71595) has been submitted, for the subdivision of the lot to allow 39 office condominiums and create a parcel; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22 nd day of November, 2011, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 11-5449 recommending denial of the application; and WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed by Peichin Lee, CGM Development, Inc; and WHEREAS, the City Council did, on the 10th day of January, 2012, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: ZACase Files\PP\2011 \ 11-02 CvcCtr.1607 WC Pkwy\CC 1.10.12\Appvl Resos\ZC Ord.doc Ordinance No. Zone Change No. 11-01 January 10, 2012- Page 2 1. The project consists of a plan to approve the design and allow the construction of a four-story medical office building with 39 condominium units and a surface parking lot with 218 parking spaces on an approximately 2.69-acre development site. In addition, the project includes the expansion of the parking lot on the south side of the library to 129 parking spaces. 2. The project includes a General Plan amendment to change the land use designation from "Public Facilities" to "Service and Neighborhood Commercial." 3. The project includes a zone change requesting to change the zone from "Public Building" (P-B) to "Neighborhood Commercial" (N-C). 4. The project includes a precise plan for the architecture and site plan layout for the proposed project and a tree removal permit to remove 15 trees located in the front yard setback. 5. The proposal requires the approval of a variance to deviate from parking requirements. 6. The applicant is requesting approval of a tentative tract map to subdivide the building into medical office condominiums. 7. Findings necessary for approval of a zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. e. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 8. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The proposed zone change will facilitate the development of a medical office project within the Civic Center complex. Since the last General Plan update in 1985, the City envisioned preserving the Civic Center for Public Facilities or governmental-related office uses. In the past years, the City has worked with other developers to consider the development of the northwestern portion of the Civic Center owned by the City of West Covina near the comer of West Covina Parkway and Garvey Avenue. In order for the proposed development to be consistent with the General Plan and Zoning, a General Plan Amendment as well as a Zone Change is necessary to facilitate the development. b. The proposed zone change will not adversely affect adjoining property value and will not be detrimental to the area because the property is within the Civic Center Complex and nearby commercial and office uses. The proposed medical office ZACase Files\PP\2011 \ 11-02 CvcCtr.1607 WC Pkwy\CC 1.10.12\Appvl Resos\ZC Ord.doc Ordinance No. Zone Change No. 11-01 January 10, 2012 - Page 3 building has been designed to meet the development standards set forth in the West Covina Municipal Code, except for parking requirements for which a variance is being sought. c. The proposed zone change is compatible with the surrounding area in that the subject property is located in an area with other office uses and commercial retail service oriented developments. The subject use is separated from residential uses to the north by the I-10 San Bernardino Freeway. In addition, the City has shown interest in further developing the Civic Center with other non-governmental office • uses. As such, the proposed change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The proposed zone change requires a General Plan amendment. The General Plan includes nine elements (or chapters). California State law requires seven elements (Land Use, Housing, Open Space, Conservation, Safety, Circulation and Noise). Two elements of the General Plan have been modified since 1985, a Design Element was adopted in 1991, and the Housing Element was revised in 1995. The Land Use Element deals with the establishment of a pattern of land use and standards for the density and intensity of development. Land use designations are established in the General Plan and implemented by the Zoning Code and the Zoning Map. With the approval of a General Plan amendment, the proposed zone change will be consistent and will not adversely affect the General Plan. e. The approval of such a zone change is consistent with the proposed General Plan land use designation of "Service and Neighborhood Commercial." That the proposed land use designation allows for medical office, general professional office and service retail developments. The proposed zone change from "Public Facilities" to "Neighborhood Commercial" would facilitate the development of the medical office. There are no specific plans that affect the property. NOW, THEREFORE, the City Council of the City of West Covina, California, does resolve as follows: SECTION NO. 1: Based on the evidence presented, and the findings set:forth, the above Zone Change No. 11-01 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. Z:\Case Files\PP\2011\11-02 CvcCtr.1607 WC Pkwy\CC 1.10.12\Appvl Resos\ZC Ord.doc Ordinance No. Zone Change No. 11-01 January 10, 2012 - Page 4 SECTION NO. 2: The City Clerk shall certify to the passage of this Resolution. PASSED AND APPROVED on this 10th day January, 2012. ATTEST: Mayor City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 10 th day of January 2011. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Clerk City Attorney Z:\Case Files\PP\2011\11-02 CvcCtr.1607 WC Pkwy\CC 1.10.12\Appv1 ResoskZC Ord.doc ZONE CHANGE NO. 11-01 EXHIBIT A Indicates the area proposed to be rezoned from "Public Building" (P-B) to "Neighborhood Commercial" (N-C) TO: Andrew G. Pasmant, City Manager and City Council City of West Covina Memorandum AGENDA ITEM NO. 3 DATE January 17, 2012 FROM: Shannon A. Yauchzee, Director/City Engineer Public Works Department SUBJECT: TRAFFIC COMMITTEE MINUTES RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Receive and file the attached minutes of the Traffic Committee meeting held on December 20, 2011. 2. Introduce the following ordinance to reduce the speed limit on a portion of Orange Avenue from Garvey Avenue North to Puente Avenue from 40 miles- per-hour to 35 miles-per-hour: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS (ORANGE AVENUE). Reviewed/Approved by: Shannon A. Yauchzee Director/City Engineer Attachment No. 1 ATTACHMENT NO. 1 REGULAR MEETING OF THE TRAFFIC COMMITTEE CITY OF WEST COVINA Tuesday 3:00 p.m. December 20, 2011 City Hall, Room 314 Management Resource Center STAFF PRESENT: Shannon Yauchzee and Dave Nichols OTHERS PRESENT: None I. REQUEST: City Initiated THAT SPEED LIMIT FOR ORANGE AVENUE FROM GARVEY AVENUE NORTH TO PUENTE AVENUE BE REDUCED FROM 40 MILES-PER- HOUR TO 35 MILES-PER-HOUR. FINDINGS: The speed limits on Orange Avenue are specified in Section 22-131 of the West Covina Municipal Code as 40 miles-per-hour from Garvey Avenue North to Puente Avenue. Staff conducted an Engineering and Traffic Survey for Orange Avenue (Exhibit A) and found that the critical approach speed was measured at 41miles-per- hour and the mid-block collision rate to be excessive, in accordance with California MUTCD and the California Vehicle Code, when there are traffic conflicts and unusual conditions which are not readily apparent to the driver, as indicated in the excessive collision rate, speed limit somewhat below the 85 th percentile may be justified. Therefore, the reduction in the posted speed limits from 40 miles-per-hour to 35 miles-per-hour for Orange Avenue from Garvey Avenue North to Puente Avenue will comply with provision of the California MUTCD. TRAFFIC COMMITTEE RECOMMENDATION: THAT AN ORDINANCE BE INTRODUCED AMENDING SECTION 22- 131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE REDUCTION OF THE POSTED SPEED LIMITS ON ORANGE AVENUE FROM GARVEY AVENUE NORTH TO PUENTE AVENUE FROM 40 MILES-PER-HOUR TO 35 MILES-PER-HOUR. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS (ORANGE AVENUE). The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 22-131 of the West Covina Municipal Code is amended such that the sub-paragraph labeled Orange Avenue from Garvey Avenue North to Badillo Street is deleted and that the following sub-paragraphs are inserted: Orange Avenue from Garvey Avenue North to Puente Avenue = 35 mph: Orange Avenue from Puente Avenue to Badillo Street = 40 mph: SECTION 2. That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 5thday of July 2011. Mayor Michael Touhey ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the of 2012. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2012, by the following vote: AYES: NOES: ABSENT: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman EXHIBIT "A" Public Works Department Engineering Division November 30, 2011 ENGINEERING AND TRAFFIC SURVEY OF ORANGE AVENUE Introduction: The effective enforcement of posted speed limits with radar on certain streets requires that an Engineering and Traffic Survey must be completed within the previous five years. The majority of drivers complies with the law but disregard regulations that they consider unreasonable. A small segment of the population is repeatedly inclined to be reckless, unreliable, or have faulty judgment and must be controlled by enforcement. According to the Manual of Uniform Traffic Control Devices (MUTCD), speed limits should be established at the nearest 5 mph increment to the 85' percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. The 85' percentile is often referred to as critical speed. Pace speed is defined as the 10-mile increment of speed containing the largest number of vehicles. Speed limits higher than the 85' percentile are not considered reasonable and prudent. Speed limits below the 85' percentile do not ordinarily facilitate the orderly movement of traffic and require constant enforcement to maintain compliance. The establishment of a speed limit of more than 5 miles per hour below the 85 percentile (critical) speed must be justified in the engineering and traffic survey and approved by a registered Civil or Traffic Engineer. It should also be done with great care as studies have shown that establishing a speed limit at less than this the 85 percentile generally results in an increase in collision rates and may make violators of a disproportionate number of the reasonable majority of drivers. Section 22358 of the Vehicle Code states that it is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. When roadside developments results in traffic conflicts and unusual conditions which are not readily apparent to the driver, as indicated in collision records, speed limits some what below the 85`u percentile may be justified. 1444 W. Garvey Avenue South • PC) Box 1440 • West Covina, CA 91793 • Telephone (626) 939-8425 • Fax (626) 939-8660 Orange Avenue FINDINGS: The following is a summary of the pertinent items required in the Engineering and Traffic Survey. A. Prevailing Speeds (MPH) Street Segment Limits Critical Approach 2006 85% (mph) Speeds 2011 85% (mph) 2011 10-mph Pace Existing Speed Limits Recommended Speed Limits t Fairgrove Avenue to Francisquito Avenue 38 38 28 to 38 35 35 mph Francisquito Avenue to Merced Avenue 38 38 30 to 40 35 35 mph Merced Avenue to Cameron Avenue 40 38 27 to 37 35 35 mph Garvey Avenue North to Puente Avenue 42 41 31 to 41 40 35 mph Puente Avenue to Badillo Avenue t 39 41 32 to 42 40 40 mph Badillo Avenue to San Bernardino Road t 37 37 27 to 37 35 35 mph 1. Joint jurisdiction with Los Angeles County B. Collision Records The following analysis of the collision history for Orange Avenue is in accordance with the procedures outlined in "Guidelines for Uniform Traffic Controls" distributed by the Los Angeles County Department of Public Works. The phrase "collision rate" shown in the column headings is defined as the number of collisions per million vehicles entering an intersection or per million vehicle miles along a street a street segment. The "County Expected Rate" is defined as the anticipated number of collisions that would generally occur at an intersection or along a segment of highway with similar conditions. The County Expected Rate factors are calculated from data derived from a series of charts using parameters such as intersection controls, traffic volumes, and approach conditions. These charts have been prepared by the Los Angeles County Department of Public Works based on the findings of a study of the collision 2 Orange Avenue records and traffic conditions throughout Los Angeles County. The City Rate is calculated using traffic volumes from the calendar year 2001 and recorded collision history. The Priority Rating is defined as the ratio of the City Rate to the County Expected Rate. County guidelines classify as excessive any collision rate that exceeds 1.6 times the County expected rate determined from the countywide experience charts. If the City mid-block collision rates are in excess of the 1.6 times the County expected rate, a 5 mph reduction of the speed limit may be justified. This is to say that if the Priority Rating exceeds 1.6, a 5-mph reduction of the speed limit from the critical approach speed (85%) may be justified. 1. MID-BLOCK COLLISIONS - JANUARY 2010 TO DECEMBER 2010 Limits No. of Collisions City Collision Rate A/MVM County Expected Collision Rate A/MVM Priority Rating Fairgrove Avenue to Francisquito Avenue 0 0 1.55 0 Francisquito Avenue to Merced Avenue 1 0.41 1.55 0.26 Merced Avenue to Cameron Avenue 4 1.92 1.55 1.24 Garvey Avenue North to Puente Avenue 4 3.31 1.55 2.13 Puente Avenue to Badillo Avenue 2 1.40 1.55 0.90 Badillo Avenue to San Bernardino Road 0 0 1.55 0 NOTE: A/MVM denotes collisions per million vehicle miles 3 Orange Avenue 2. INTERSECTION COLLISIONS -JANUARY 2010 TO DECEMBER 2910 Cross Street No. of Collisions City Collision Rate A/MV County Expected Collision Rate A/MV Priority Rating Fairgrove Avenue 0 0.00 0.37 0.00 Franeisquito Avenue 2 0.20 0.81 0.24 Merced Avenue 2 0.28 0.58 0.50 Cameron Avenue 2 0.22 0.76 0.29 Garvey Avenue North 1 0.31 0.24 1.30 Pacific Lane 2 0.36 0.29 1.24 Puente Avenue 1 0.18 0.29 0.62 Badillo Avenue 2 0.15 0.88 0.17 San Bernardino Road 1 0.24 0.52 0.28 NOTE: A/MV denotes collisions per million vehicles entering the intersection. C. Physical Conditions 1. Horizontal Alignment - The alignment is essentially tangent throughout its more than three mile length. Orange Avenue is divided into two segment at the I-10 Freeway; the northerly segment runs from Garvey Avenue North to San Bernardino Road, the southerly segment runs from I-10 to Fairgrove Avenue. 2. Vertical alignment - The maximum grade along the street profile is approximately 2.0%. 3. Roadside Friction - The intersections at San Bernardino Road, Badillo Avenue, Cameron Avenue, Merced Avenue, and Francisquito Avenue are all controlled by traffic signals. The intersections at Puente Avenue, Pacific Lane, Garvey Avenue South, and Fairgrove Avenue are controlled by multi-way stop signs. Most of the area along Orange Avenue is residential with many private driveway openings. There are two schools that abut Orange Avenue, Edgewood Middle School and Orangewood Elementary School. D. There are no conditions that are not readily apparent to the driver E. Analysis The first table entitled " Prevailing Speeds" list the critical approach speeds (85%) which is the primary component of Engineering and Traffic Survey. The critical approach speeds (85%) are listed for each of the segments of Orange Avenue and are generally within 5 mph of the posted speed limit. The collision records for 2010 show that the segment from Garvey Avenue North to Puente Avenue is considered excessive. 4 h.,MA 444 Cif C')'0•N -7(iNc- Cr‘ T2 ‘\0 A99139 IE OF P-VViirfir# 4 Orange Avenue F. Conclusion Presently the posted speed limit for the segment of Orange Avenue between Garvey Avenue North to Puente Avenue is 40 mph. The adjacent segments of Orange Avenue are set at a limit of 35 mph. The collision records for 2010 show that the segment from Garvey Avenue North to Puente Avenue is considered excessive. Therefore, the reduction in the posted speed limit from 40 mph to 35 mph for Orange Avenue from Garvey Avenue North and Badillo Street will comply with the California MUTCD and will provide for a uniform speed the through out the length of Orange Avenue; the following speeds shall be reduced along Orange Avenue: LIMITS EXISTING SPEED LIMIT Fairgrove Avenue to Cameron Avenue 35 mph Garvey Avenue North to Puente Avenue 35 mph Puente Avenue to Badillo Street 40 mph Badillo Street to San Bernardino Road 35 mph Shannon A. Yauchzee Public Works Director/City Engineer 1 k 5 II. REQUEST: David Apodaca, West Covina Resident THAT NO PARKING ON STREET SWEEPING DAYS BE IMPLEMENTED ON VERNESS STREET FROM CARVOL AVENUE TO TOLAND AVENUE EVERY TUESDAY OF EACH MONTH FROM 7:00 A.M. TO 3:30 P.M. FINDINGS: In response to a request to prohibit parking to facilitate street sweeping on Vemess Street from Carvol Avenue to Toland Avenue, a survey of the seven affected properties was conducted. Four (57%) of the properties responded in favor of prohibiting parking every Tuesday of each month from 7:00 a.m. to 3:30 p.m., and one of the properties did not reply to the survey. Vemess Street is a residential street, 32-feet in width. The prohibition of parking for street sweeping is used throughout the City where more than 50% of the affected properties express a desire for the prohibition and where traffic and/or safety would not be adversely affected. There would be no adverse affects at this location. TRAFFIC COMMITTEE RECOMMENDATION: THAT NO PARKING ON STREET SWEEPING DAYS BE IMPLEMENTED ON VERNESS STREET FROM CARVOL AVENUE TO TOLAND AVENUE EVERY TUESDAY OF EACH MONTH FROM 7:00 A.M. TO 3:30 P.M. 331 325 338 307 301 i I I I I [— —I II Il II Il 1 I I 1 I --I II I I i 111 I I I , . 1, Digftal Map Products, County Appraiser, Customer Data, TeleAtlas :30 f4 311 315 321 A 0 1120 I I I I 034 1 I 335 i I 1 I i I I / >11 q I ::::i;n .6 I g PVtra530717.1AntijaK - UrGSTOrt-TOP 1 E-Vorness-St 1224 I II ill 1 1230 I / IL :1 I 176.12sitttati et-sTr.44+-ricr.3--/ L 1" = 60' TP CitvGIS /igital Map Products. All rights reserved. City of West Covina Memorandum AGENDA Item No. 4 Date January 19 , 2012 TO: Andrew G. Pasmant, City Manager and City Council FROM: Thomas Bachman, Assistant City Manager SUBJECT: CITY TREASURER'S REPORT FOR NOVEMBER 2011 RECOMMENDATION: It is recommended the City Council receive and file this report. DISCUSSION: Effective January 1, 2006, Section 53646 of the Government Code states that a city's chief fiscal officer may submit quarterly reports to their legislative body. This report is to include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments, and money held by the local agency. It must also include a statement that the portfolio is in compliance with the City's investment policy, or manner in which it is not in compliance, and note the ability of the local agency to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available. Although it is no longer a requirement to submit quarterly reports to the local legislative body, the Finance Department will continue to submit treasurer's reports to the West Covina City Council each month. The November Report shows the City's portfolio decreased by $1,227,510 from $45,950,779 on October 31, 2011, to $44,723,269 on November 30, 2011. Beginning with the May 2001 report, average maturity information has been provided for investments in the City's portfolio. The overall average maturity of the portfolio is 813 days or approximately two years. Approximately 7 percent of the portfolio is on deposit in various bank accounts. These funds are available to satisfy obligations as needed. The majority of the portfolio is on deposit in two investment pools. Approximately 31 percent is held in the State of California Local Agency Investment Fund (LAIF) and 31 percent is in the Los Angeles County Investment Pool (LACIP). These funds are completely liquid since the City could withdraw them at any time. The portfolio also includes two long-term, high interest investments made in the early 1980s which constitute approximately 31 percent of the portfolio. CITY OF WEST COVINA STATEMENT OF TREASURER'S ACCOUNTABILITY NOVEMBER 30, 2011 OCTOBER 31 DEPOSITS WITHDRAWALS NOVEMBER 30 ECKING UTO & LIABILITY ER'S COMPENSATION AGE ASSOCIATION (FNMA) I-GAGE CORPORATION (FHLMC) (FHLB) BILL IT FUND - CITY (LAIF) )L (LACIP) 296,891.00 1,000.00 50,000.00 73,442.43 421,333.43 674,277.64 3,688,593.75 10,199,962.50 14,991,671.65 15,974,939.74 45,529,445.28 17,391,464.72 69,208.05 73,720.81 4,244,100.27 21,778,493.85 6,625,596.13 1,300,000.00 514,884.46 8,440,480.59 17,380,583.72 62,666.42 73,720.81 2,756,156.05 20,273,127.00 6,223,357.01 2,350,000.00 2,600,000.00 11,173,357.01 307,772.00 7,541.63 50,000.00 1,561,386.65 1,926,700.28 4.308% 1,076,516.76 2.407% 3,688,593.75 ** 8.248% 10,199,962.50 "* 22.807% 0.000% 0.000% 13,941,671.65 31.173% 13,889,824.20 31.057% 42,796,568.86 95.692% 45,950,778.71 30,218,974.44 31,446,484.01 44,723,269.14 100% 1g term investments were made before State Law limited investments to a maximum five-year term. Investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005. vides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of January 9, 2012. HIS PERIOD: 3.081% SIX-MONTH TREASURY BILL YIELD: 0.050% anager/Finance Director Angel F. PaXfla; Revenue Services Supervisor izr BY:— Maria . Smiths , City Treasurer City of West Covina Portfolio Details November 30, 2011 AVERAGE 11/30/2011 10/31/2011 ISSUER MATURITY PURCHASE DAYS TO CU SIP RATE YIELD COST PAR MARKET MARKET DATE DATE MATURITY VALUE* VALUE * 06/01/86 7.728 1621 12/10/85 8.418 1450 04/20/92 10/19/89 531 220 ERNMENT AGENCY ERNMENT AGENCY ELES COUNTY TREASURER CALIFORNIA 06/01/16 12/10/15 313400MC4 8.250 313586UB3 10.350 N/A 1.180 N/A 0.401 10,199,962.50 10,199,962.50 3,688,593.75 3,688,593.75 13,889,824.20 13,941,671 65 9,555,000.00 9,555,000.00 3,000,000.00 3,000,000.00 13,889,824.20 13,941,671.65 11,853,837.45 11,853,837.45 4,075,470.00 4,075,470.00 13,889,824.20 13,941,671.65 11,883,649.05 11,883,649.05 4,098,930.00 4,098,930.00 13,889,824.20 13,941,671.65 1.180 0.401 813 TOTALS: 41,720,052.10 40,386,495.85 43,760,803.30 43,814,074.90 'WON BANK. were made before State Law limited investments to a maximum five-year term. lauded in the calculation of average maturity. --:- Prepared by: Dennis Swink Review Approve y: Thomas Bachman City of West Covina Memorandum AGENDA Item No. 5 Date January 17, 2012 TO: Andrew G. Pasmant, Executive Director and the Community Development Commission FROM: Thomas Bachman, Assistant City Manager SUBJECT: CDC TREASURER'S REPORT FOR NOVEMBER 2011 RECOMMENDATION: It is recommended the Community Development Commission Board receive and file this report DISCUSSION: Effective January 1, 2006, Section 53646 of the Government Code states that a city's chief fiscal officer may submit quarterly reports to their legislative body. This report is to include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments, and money held by the local agency. It must also include a statement that the portfolio is in compliance with the City's investment policy, or manner in which it is not in compliance, and note the ability of the local agency to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available. Although it is no longer a requirement to submit quarterly reports to the local legislative body, the Finance Department will continue to submit treasurer's reports to the West Covina Community Development Commission Board each month. The November Report shows the CDC's portfolio decreased by $954,914 from $7,615,827 on October 31, 2011, to $6,660,913 on November 30, 2011. To ensure funds are available on short notice to take advantage of development opportunities, the CDC's surplus funds are in investment pools with the State of California Local Agency Investment Pool (LAIF) and the Los Angeles County Investment Pool (LACIP). These funds are completely liquid since the City could withdraw them at any time. Approximately 45 percent of the portfolio is on deposit in LAIF and 54 percent is in LACIP. The remaining 1 percent of available cash is on deposit in various checking accounts. This report also shows cash holdings for the Community Facilities District. These funds are used for district operating expenses and debt service and are invested in a separate LACIP account. Controller Finance Director EARNED INTEREST YIELD THIS PERIOD: 0.828% SIX-MONTH TREASURY BILL YIELD: 0.050% Dennis Swink, City Controller Thomas man, Assisffnt City Manager/Finance Director PREPARED Angel F. PaVria, Revenue Services Supervisor SUBMITTED BY PROVED. BY: Mariah V. SmithsswrCity Treasurer COMMUNITY DEVELOPMENT COMMISSION STATEMENT OF TREASURER'S ACCOUNTABILITY NOVEMBER 30, 2011 TYPES OF DEPOSITS: OCTOBER 31 DEPOSITS WITHDRAWALS NOVEMBER 30 CHECKING ACCOUNTS WELLS FARGO GENERAL CHECKING 49,819.27 917,332.37 955,899.15 11,252.49 PACIFIC WESTERN NAT BANK RDA PROGRAMS (SBA/FTHB/HPP) 3,000.00 3,000.00 SUB-TOTAL 52,819.27 917,332.37 955,899.15 14,252.49 OTHER INVESTMENTS: LOCAL AGENCY INVESTMENT FUND (LAIF) 3,728,275.89 722,000.00 3,006,275.89 LOS ANGELES COUNTY POOL (LACIP) 3,834,732.00 4,652.37 199,000.00 3,640,384.37 SUB-TOTAL 7,563,007.89 4,652.37 921,000.00 6,646,660.26 TOTAL 7,615,827.16 921,984.74 1,876,899.15 6,660,912.75 COMMUNITY FACILITIES DISTRICT REVENUE FUND WELLS FARGO BANK C.F.D. CHECKING 403.48 149,600.00 149,000.00 1,003.48 LOS ANGELES COUNTY POOL (LACIP) 9,799.37 133,183.21 142,982.58 TOTAL FOR C.F.D. REVENUE FUND 10,202.85 282,783.21 149,000.00 143,986.06 It has been verified that this investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005. The investment portfolio provides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of January 9, 2011.